S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    35
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   global warming pollution control

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings.  Global  warming  and  the  resulting
 extreme weather events pose a serious threat to the economic well-being,
 public health, natural resources and environment of New York.
   Extreme  weather  events  have become increasingly common, with Super-
 storm Sandy, and hurricanes Lee and  Irene  providing  the  most  recent
 examples.    The potential adverse impacts of global warming include the
 exacerbation of air quality problems, a reduction  in  the  quality  and
 supply  of  fresh  water to the state, a rise in sea levels resulting in
 the displacement of coastal businesses,  residents  and  infrastructure,
 damage to marine ecosystems and the natural environment, and an increase
 in  the  incidences  of  infectious  diseases,  asthma,  and other human
 health-related problems.  Global warming will have  detrimental  effects
 on  some of New York's largest industries, including agriculture, fores-
 try, tourism, skiing, and recreational and commercial fishing.
   The Intergovernmental Panel on  Climate  Change,  which  received  the
 Nobel  Peace Prize, determined that burning coal, oil and gas has led to
 higher temperatures that are already impacting physical  and  biological
 systems.   The panel also projected temperatures would rise more rapidly
 if greenhouse gases are not abated. The panel  concluded  that  reducing
 emissions  80  percent  below  current  emissions  by  mid-century would
 prevent the worst impacts of global warming.
   Action taken by New York and  other  states  to  reduce  emissions  of
 greenhouse  gases  will  have  far-reaching  effects  by encouraging the
 federal government, and other countries to act including encouraging the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04378-01-7

 S. 35                               2
 
 development of sustainable, non-polluting technologies  such  as  solar,
 wind, geothermal and ocean currents.
   §  2.  Article  19 of the environmental conservation law is amended by
 adding a new title 13 to read as follows:
                                 TITLE 13
                     GLOBAL WARMING POLLUTION CONTROL
 
 SECTION 19-1301. DEFINITIONS.
         19-1303. GREENHOUSE GAS REPORTING.
         19-1305. GREENHOUSE GAS LIMITS.
 § 19-1301. DEFINITIONS.
   WHEN USED IN THIS TITLE:
   1. "GREENHOUSE GAS" MEANS  CARBON  DIOXIDE,  METHANE,  NITROUS  OXIDE,
 HYDROFLUOROCARBONS, PERFLUOROCARBONS, SULFUR HEXAFLUORIDE, AND ANY OTHER
 GAS  DETERMINED  BY  THE  DEPARTMENT  TO BE A SIGNIFICANT CONTRIBUTOR TO
 GLOBAL WARMING.
   2. "MAJOR GREENHOUSE GAS EMISSION SOURCE" MEANS ANY SOURCE OR CATEGORY
 OF SOURCES OF GREENHOUSE GAS EMISSIONS, DETERMINED BY THE DEPARTMENT  TO
 BE  CAPABLE  OF  BEING  MONITORED FOR COMPLIANCE, AND SHALL AT A MINIMUM
 INCLUDE EMISSIONS:
   (A) ASSOCIATED WITH FOSSIL FUELS USED IN THE STATE  BY  ENTITIES  THAT
 ARE  MANUFACTURERS,  PRODUCERS  AND/OR  DISTRIBUTORS  OF  FOSSIL  FUELS,
 INCLUDING, BUT NOT LIMITED TO, OIL REFINERIES, OIL  STORAGE  FACILITIES,
 AND NATURAL GAS PIPELINES;
   (B)  FROM ANY UTILITY GENERATING OR DELIVERING ELECTRICITY CONSUMED IN
 THE STATE, WHETHER THE ELECTRICITY IS GENERATED IN THE STATE, OR  GENER-
 ATED  OUTSIDE  THE STATE AND IMPORTED INTO THE STATE, AND ACCOUNTING FOR
 TRANSMISSION AND DISTRIBUTION LINE LOSSES;
   (C) STATIONARY SOURCES PERMITTED PURSUANT TO SECTION 19-0311  OF  THIS
 ARTICLE; AND
   (D)  FROM  ANY  ADDITIONAL  ENTITIES  THAT  ARE EMITTERS OF GREENHOUSE
 GASES, AS DETERMINED BY THE DEPARTMENT.
 § 19-1303. GREENHOUSE GAS REPORTING.
   1. NO LATER THAN MAY 1, 2018, THE DEPARTMENT  SHALL  PROMULGATE  RULES
 AND REGULATIONS REQUIRING ANNUAL GREENHOUSE GAS EMISSIONS REPORTING FROM
 MAJOR GREENHOUSE GAS EMISSION SOURCES. THE REGULATIONS SHALL:
   (A)  INCLUDE  GREENHOUSE  GAS  EMISSIONS FROM ALL MAJOR GREENHOUSE GAS
 EMISSION SOURCES EXPRESSED IN TONS OF CARBON DIOXIDE EQUIVALENTS;
   (B) ENSURE  RIGOROUS  AND  CONSISTENT  ACCOUNTING  OF  EMISSIONS,  AND
 PROVIDE  REPORTING  TOOLS  AND FORMATS TO ENSURE COLLECTION OF NECESSARY
 DATA; AND
   (C) ENSURE THAT EACH MAJOR GREENHOUSE GAS  EMISSION  SOURCE  MAINTAINS
 COMPREHENSIVE  EMISSIONS  RECORDS  OF ANY GREENHOUSE GAS REPORTED FOR AT
 LEAST FIVE YEARS.
   2. THE DEPARTMENT SHALL:
   (A) PERIODICALLY REVIEW AND UPDATE ITS EMISSION REPORTING REQUIREMENTS
 AT LEAST EVERY FIVE YEARS; AND
   (B) MAKE REASONABLE EFFORTS TO MAKE ITS REPORTING REGULATIONS CONSIST-
 ENT WITH INTERNATIONAL, FEDERAL AND OTHER STATES' GREENHOUSE  GAS  EMIS-
 SION REPORTING PROGRAMS.
   (C)  PROVIDE COMPLIANCE ASSISTANCE TO SMALL BUSINESSES PURSUANT TO THE
 PROVISIONS OF SECTIONS 19-0313 AND 19-0315 OF THIS ARTICLE.
   3. NO LATER THAN JANUARY 1, 2021, AND EVERY  THREE  YEARS  THEREAFTER,
 THE DEPARTMENT SHALL ISSUE A REPORT ON:
   (A)  THE ANNUAL GREENHOUSE GAS EMISSIONS FROM ALL MAJOR GREENHOUSE GAS
 EMISSION SOURCES, INCLUDING THE  RELATIVE  CONTRIBUTION  OF  EACH  MAJOR

 S. 35                               3

 GREENHOUSE  GAS  EMISSION  SOURCE TO STATEWIDE GREENHOUSE GAS EMISSIONS;
 AND
   (B)  THE PROGRESS MADE BY THE DEPARTMENT IN ACHIEVING THE REQUIREMENTS
 OF SECTION 19-1305 OF THIS TITLE.
 § 19-1305. GREENHOUSE GAS LIMITS.
   1. NO LATER THAN JANUARY 1, 2019, THE DEPARTMENT, AFTER A PUBLIC HEAR-
 ING, AND CONSULTATION WITH REPRESENTATIVES OF BUSINESS INTERESTS, COMMU-
 NITY ORGANIZATIONS, ENVIRONMENTAL  GROUPS,  MUNICIPAL  CORPORATIONS  AND
 OTHER  STAKEHOLDERS,  SHALL  PROMULGATE RULES AND REGULATIONS SETTING AN
 ENFORCEABLE LIMIT ON THE AGGREGATE LEVEL  OF  GREENHOUSE  GAS  EMISSIONS
 FROM  ALL  GREENHOUSE GAS EMISSION SOURCES PROVIDED, HOWEVER, THE AGGRE-
 GATE LIMIT SHALL NOT BE GREATER THAN THE AGGREGATE LEVEL  OF  GREENHOUSE
 GAS EMISSIONS FOR CALENDAR YEAR 1990.
   2.  (A) ON JANUARY 1, 2022 THE LIMIT ESTABLISHED IN SUBDIVISION ONE OF
 THIS SECTION SHALL BE REDUCED BY 20 PERCENT.
   (B) ON JANUARY 1, 2027 THE LIMIT ESTABLISHED  IN  SUBDIVISION  ONE  OF
 THIS SECTION SHALL BE REDUCED BY 30 PERCENT.
   (C)  ON  JANUARY  1,  2032 THE LIMIT ESTABLISHED IN SUBDIVISION ONE OF
 THIS SECTION SHALL BE REDUCED BY 40 PERCENT.
   (D) ON JANUARY 1, 2037 THE LIMIT ESTABLISHED  IN  SUBDIVISION  ONE  OF
 THIS SECTION SHALL BE REDUCED BY 50 PERCENT.
   (E)  ON  JANUARY  1,  2042 THE LIMIT ESTABLISHED IN SUBDIVISION ONE OF
 THIS SECTION SHALL BE REDUCED BY 60 PERCENT.
   (F) ON JANUARY 1, 2047 THE LIMIT ESTABLISHED  IN  SUBDIVISION  ONE  OF
 THIS SECTION SHALL BE REDUCED BY 70 PERCENT.
   (G)  ON  JANUARY  1,  2052,  AND EACH YEAR THEREAFTER, THE LIMIT SHALL
 REMAIN AT 80 PERCENT BELOW THE LIMIT ESTABLISHED IN SUBDIVISION  ONE  OF
 THIS SECTION.
   3.  ANY RULE OR REGULATION THE COMMISSIONER ADOPTS TO COMPLY WITH THIS
 SECTION MUST:
   (A) INITIALLY FOCUS UPON ENSURING STATE FACILITY COMPLIANCE;
   (B) NOT PLACE OR INCREASE AN ADDITIONAL ENVIRONMENTAL OR HEALTH BURDEN
 ON  A COMMUNITY THAT HAS A SIGNIFICANT LEVEL OF  REGULATED  AIR  CONTAM-
 INANT  SOURCE EMISSIONS WITHIN THE COMMUNITY AS COMPARED WITH THE COUNTY
 AVERAGE;
   (C) BE COMPATIBLE WITH OTHER EMISSIONS REDUCTIONS PROGRAMS; AND
   (D) INCLUDE A PLAN TO THE EXTENT PRACTICABLE TO ADDRESS ADAPTATION  TO
 CLIMATE  CHANGE  INCLUDING  BUT  NOT  LIMITED TO TERRESTRIAL AND AQUATIC
 HABITATS, PLANTS AND  ANIMAL  SPECIES,  CONNECTIVITY  OF  HABITATS,  AND
 ECOSYSTEM  SERVICES  PROVIDED  BY  NATURAL  RESOURCES  INCLUDING BUT NOT
 LIMITED TO FLOOD CONTROL AND DRINKING WATER SUPPLY.
   § 3. This act shall take effect immediately.